Code of the District of Columbia

§ 21–2047.02. Powers and duties of emergency and health-care guardians.

(a) Except as limited by sections 21-2046 and 21-2047.01, an emergency guardian or health-care guardian is responsible for providing substituted consent for an incapacitated individual and for any other duties authorized by the court, but is not personally liable to third persons by reason of that responsibility or acts of the incapacitated individual.

(b) An emergency or health-care guardian shall:

(1) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of his or her capacities, limitations, needs, opportunities, and physical and mental health;

(2) Make decisions on behalf of the ward by conforming as closely as possible to a standard of substituted judgment or, if the ward’s wishes are unknown and remain unknown after reasonable efforts to discern them, make the decision on the basis of the ward’s best interests;

(3) Include the ward in the decision-making process to the maximum extent of the ward’s ability.

(4) Encourage the individual to act on his or her own behalf whenever he or she is able to do so, and to develop or regain capacity to make decisions in those areas in which he or she is in need of decision-making assistance, to the maximum extent possible; and

(5) Make any report the court requires.

(c) An emergency or health-care guardian may:

(1) Grant, refuse, or withdraw consent to medical examination and health-care treatment for an individual who has been deemed incapacitated pursuant to section 21-2204;

(2) Obtain medical records for the purpose of providing substituted consent pursuant to section 21-2210; and

(3) Have the status of a legal representative under Chapter 12 of Title 7.